Replies to This Discussion

Permalink Reply by jffree1 on August 13, 2010 at 6:21

You should call the broker and tell him what is going on. If she gave you a business card, it should show the company she works for. This lease hound is a hired gun for a broker, who works for the Operator, who's name should be on the lease. If EnCana is not shown as Lessee... tell her to take a hike.
You guys just need to stand together. She is trying to "divide and conquor".

Permalink Reply by Ray on August 13, 2010 at 6:32

She is a contractor. So I should contact the operator? I don't see it on the lease; I'm going to mail you the lease.

Permalink Reply by DJG on August 13, 2010 at 6:56

A few suggestions to consider:


1) Don't sign anything.

2) Have you or your attorney call Encana directly and ask them to tell you who the Senior Landman is IN-House for your survey tract in San Augustine county.

3) Let that person know that you are at an impass with their contractor because you feel you are being treated dishonestly and unethically. If they want to get your lease done (They do) that you want to work out your terms directly with that Senior In-House landman and your attorney and that you will no longer be taking any calls from their contracted landman.

4) Your uncle might be out of luck, but you might also try the tactic that all of your remaining families interest will hold together as a united team. Perhaps you might even threaten that you and your remaining 7 cousins will not sign any lease until they trash the pressured lease that your uncle was rushed to sign and include him into your united efforts. As I said, he might already be out of luck, but it also might be worth a try.

Good luck.

DG

Permalink Reply by Ray on August 13, 2010 at 7:52

Got it!

So I mentioned my cousin we are trying to protect, right? Well this morning landman said the cousin hasn't signed. Then come to find out the cousin signed yesterday, got her check and now the money is GONE. We begged her not to give her that amount of money, it's dangerous. Did I mention my cousin was declared mentally incompetent by the state and received disability. Disability that is controlled by her sister and a social worker because people were taking advantage of her.

How do these people sleep at night?

Permalink Reply by Chris on August 18, 2010 at 11:38

Her job is to get leases signed. What your cousin does with her money is not her problem. If the cousin is NCM then she should have a guardian appointed and the guardian should have signed the lease and gotten the check.

Permalink Reply by Two Dogs, Pirate on August 18, 2010 at 12:42

I don't know about Texas but in Louisiana you have to get a court order for someone to sign for an interdict.

Permalink Reply by Ray on August 18, 2010 at 13:40

You think? She skipped the contact the guardian part.

Permalink Reply by Two Dogs, Pirate on August 18, 2010 at 14:06

Guardians and social workers are there to take care of a persons (clients) everyday needs. Interdicts I guess you would say are under the jurisdiction of the court system here in Louisiana. The court has to grant power to sign a lease or real property transaction etc. I ain't no lawyer but people with low IQ are not interdicts. Interdiction in LA would be a court process, then an order of interdiction that would be of public record. What it means is that person is no longer capable to do any sort of legal thing without going through the court system.

Permalink Reply by Ray on August 18, 2010 at 14:20

In Texas you can be declared by a doctor (not public record) or a court (public record). They are the same except the public part. Low IQ is workable and this isn't just that.

Permalink Reply by Two Dogs, Pirate on August 18, 2010 at 14:33

How would a third party know of a condition limiting a persons ability to sign something of a legal nature if it was not of public record?

Permalink Reply by Ray on August 19, 2010 at 2:19

1. We explained that we were in the process of obtaining the established paperwork.
2. It's extremely obvious.

Permalink Reply by GoRicky on August 13, 2010 at 12:33

I don't quite understand something - if there is enough work, effort, duties ... for a Senior Landman to have - say - one or more "Junior Landmen", for there to be a... say... "Lead Broker" involved, and, say - under that person... UH, say ... 5 or 6 Landmen trying to buy leases in a given PART of a County, and say - most folks wanted to ONLY talk to / deal with the "Senior Landman", should the Sr. Landman just fire everybody else, work 29 hours a day & sleep in the office? On the other hand (and there is one, by the way), many mineral owners in Texas don't own the land or pay taxes on their reserved minerals, a great deal of people inherited those minerals and have a great deal to do with the disturbance of the surface of the land they don't own, have no way to personally cause ANY oil or gas to come to the surface & be sold... and when a person calls up out of the blue & offers to pay good money for the opportunity to spend a fortune to make the oil & gas come up & pay the mineral owner a nice percentage of the GROSS production monies... the mineral owners stick them in the eye with a SHARP STICK... or... sicks a non-qualified person on him ("consultant" ,"expert" or even an attorney that has little or no experience) until they get tired of paying bills & still getting NO lease, only drained. Sometimes the oil people only get part of the minerals leased under a tract & cannot make any kind of reasonable deal with others and lose all of the monies paid to the leased mineral owners, as a well will NOT be drilled. I've heard stories of land tracts that literally have HUNDREDS of mineral owners, and will NEVER be leased up / drilled. In some cases, only one or two ridiculous, greedy persons can foul up the deal for everyone else & there goes all of the paid lease money and the monies paid for the time & effort of the landmen; AND the monies wasted on the persons hired to argue with the oil companies. On some tracts, this happens over & over & over. I'm not saying all oil companies and landmen are wonderful & I'm not saying all mineral owners are bad; but for crying out loud, I see SO many complaining & demonizing everyone in the oil business, some of whom just got through depositing their royalty check that they didn't work for & would never have had if the oil companies hadn't MADE it happen.

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